Satisfaction of Judgments
A judgment can be fully satisfied in the following ways:
Paying the judgment creditor in full and receiving from them a Warrant of Satisfaction to be filed in the appropriate clerk’s office.
Wage or Writ of Execution Return – sheriff marks the writ return “fully satisfied” which reflects that the judgment and costs have been paid in full.
Order of Satisfaction – the judgment debtor can apply to the court for an Order of Satisfaction this when the judgment creditor refuses and/or cannot be located to produce a warrant of satisfaction. The proof submitted by the judgment debtor will be sent by the court to the judgment creditor who will have 10 days to object. If an objection is received, the matter will be set down for a hearing. If no objection is received, the court will determine if the judgment/debt has been satisfied and will enter an order.
Consent Order – an order signed by both parties consenting to the entry of a satisfaction of judgment maybe submitted to the court for a judge’s signature.
In order to satisfy of record the lien of a judgment that the judgment debtor claims was discharged in bankruptcy, the debtor must obtain within one year of the date of the discharge, an Order specifically discharging the lien of the particular judgment from the United States Bankruptcy Court. If more than one year from the date of the discharge in bankruptcy has passed, the debtor must file a motion to discharge the lien of the judgment, in the underlying action giving rise to the judgment, seeking an order of the Superior Court pursuant to N.J.S.A. 2A:16.49.1.
More information can be obtained from “ A PRACTITIONER’S GUIDE TO NEW JERSEY’S CIVIL COURT PROCEDURES”
http://www.judiciary.state.nj.us/civil/PractitionersGuideManualAppendicesMay2007WebPostingVersion.pdf KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817 (Phone) 732-572-0500
(Fax) 732-572-0030 Personal Injury Dept.: 732-572-0024
website: www.njpersonalinjurylawcenter.com
